Res 2020- 19 Protecting Community Television ActCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2020 -19
RESOLUTION IN SUPPORT OF
THE PROTECTING COMMUNITY TELEVISION ACT
WHEREAS, Mendota Heights is served by the Northern Dakota County Cable
Communications Commission (the "Commission"), which is a Joint Powers Commission
organized pursuant to Minn. Stat. §471.59, as amended; and,
WHEREAS, the Commission negotiates and manages the cable franchise agreements of
Mendota Heights and six other member cities, and oversees the operation of Town Square
Television, a local community public, education and government ("PEG") access facility on
behalf of the seven member cities;
WHEREAS, NDC4 and Town Square Television provide coverage of local community
events and issues, non -profits and charities, local high school sports and academic programs,
business and chamber of commerce programs, government meetings, candidate information
and election coverage, local history, public health information, and many other programs that
broadcast stations typically will not cover, and, in light of rapidly decreasing local print
media, NDC4 and Town Square Television may soon be the sole media source providing local
coverage;
WHEREAS, NDC4 and Town Square Television are funded through franchise fee and
PEG fee revenues negotiated in the cable franchise agreements with local cable providers;
WHEREAS, the member cities require, as part of the cable franchise agreements, that
cable companies meet demonstrated community needs by providing non -monetary franchise
requirements such as live signal transport fi-om schools and city halls to master control facilities
and complimentary cable television services that benefit the member cities, local schools, public
safety buildings, as well as NDC4 and Town Square Television;
WHEREAS, in 1984 Congress defined a franchise fee as a "tax, fee, or assessment," and
for the past 35 years, it has been solely a monetary fee;
WHEREAS, in 2019 the FCC departed from the clear language of the Cable Act and
passed an Order ruling that a franchise fee is both a monetary and non -monetary fee and
permitting cable companies to unilaterally assign a value to the non -monetary franchise
requirements and then subtract that amount from the franchise fees the cable operator pays to
the local community;
WHEREAS, the FCC Order results in substantial reductions in vital funding to the
member cities and NDC4 and Town Square Television;
WHEREAS, the Protecting Community Television Act (currently S. 3218/H.R. 5659)
has been introduced in Congress with the goal of maintaining the status quo by reversing
the FCC Order and allowing franchise fees to be calculated as they have been for over 35
years as monetary only fees; and
WHEREAS, this legislation is supported by the National League of Cities, the U.S.
Conference of Mayors, the National Association of Counties, the Alliance for Community
Media, the League of Minnesota Cities, NATOA and MACTA.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Mendota Heights calls on Congress to pass legislation, such as the Protecting Community
Television Act, which would undo the FCC's action;
BE IT FURTHER RESOLVED thatthe City Council urges all House members and
Senators from Mimlesota to cosponsor the Protecting Community Television Act.
Adopted by the City Council of the City of Mendota Heights this 17' day of March, 2020.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTEST:
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Lorri Smith, City Clerk
Res 2020-19 page 2 of 2